Court No. - 53
Case :- CRIMINAL APPEAL No. - 5785 of 2018 Appellant :- Hridayanand Gupta Respondent :- State Of U.P. And Another Counsel for Appellant :- Mohd. Shoeb Khan Counsel for Respondent :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the appellant and learned A.G.A. for the State of U.P. in opposition.
This criminal appeal under Section 14A (2) of The Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'Act, 1989') has been filed on behalf of the appellant challenging the order dated 17.9.2018 passed by IInd Additional Sessions Judge, Kushinagar at Padrauna, in Bail Application No. 1411 of 2018, arising out of Case Crime No. 119 of 2018, S.T. No. 384 of 2018 under Sections 323, 504, 506, 324, 352 of the Indian Penal Code, 1860 and Section 3(1) (r), 3(1)(s) of S.C./S.T. Act, Police Station - Turkpatti, District - Kushinagar, seeking bail in the aforesaid sections.
Learned counsel for the appellant contended that the applicant is languishing in jail since 17.9.2018. The applicant has no criminal antecedent.
Per contra learned A.G.A. has opposed the prayer for bail and submitted that there is no infirmity or illegality in the order passed by the learned trial court.
Without expressing any opinion on the merits of the case, considering the facts and circumstances of the case, I am of the view that the bail application filed before the court below deserves to be allowed.
Accordingly, the appeal is allowed and the aforementioned impugned order is hereby set aside.
Let the appellant Hridayanand Gupta be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties in the like amount to the satisfaction of the court concerned.
Order Date :- 30.1.2019 Manish Tripathi